Keeping an eye on local government

Details of Lawsuit filed against UNT homeowners

Editor’s Note: I first heard about this lawsuit at the Sept. 4th Supervisors meeting. While it has been discontinued, it could be refiled in the future.

Over 200 Upper Nazareth Residents were named in a lawsuit (C-48-CV-2018-11570) filed last December. See the letter to defendants here: you have been sued

The Faust Family Limited Partnership, or Plaintiff, identified itself as the owner of land located “along West Street and bounded by 2nd Street, Wood Street, and 4th Street in the Township of Upper Nazareth.”

Defendants are defined as “owners of record of all of the parcels in the original plan who have claim or interest in the original Plan.” Basically everyone who owns property between the Intermediate School and the High School.

The lawsuit announced the Plaintiff’s intention to “create a new plan of subdivision of its property and the streets and alleys adjacent thereto which would be in compliance with the current Zoning Ordinance and Subdivision and Land Development Ordinance of Upper Nazareth Township.” The plan seemed to be to deny neighborhood residents any claims “to the use of any paper streets or right of way described in the Plan of record in 1920, i.e. all of West Street and one-half of 2nd Street and Wood Street adjacent to Plaintiff property.”

The parcel in question is listed as No. J8SW4-11-4. According to tax records, the land is 2.13 acres in size and located at 55 W. 4th Street

First question—why weren’t any of the residents, including me, aware of this lawsuit?

Apparently, when you sue someone you have to get a Deputy Sheriff to serve papers to each and every named defendant. Since that was going to be prohibitively expensive, Faust tried to get around it by just advertising the lawsuit in The Express Times. That, however, required the signature of a judge and she refused the Motion for Service by Publication, writing “Denied. Follow civil rules” across the paperwork. See the request to inform defendants via newspaper ad here: Faust document

However, the lawsuit did have an effect. I heard that at least one resident was denied a loan when the bank misinterpreted ‘lawsuit’ as ‘lien’.

For now, the lawsuit has been discontinued, but residents should keep an eye out for legal action in the future.

Becky Bartlett reports on meetings in her township because citizens have a right to know what their government is doing.